Possession of a Schedule I or II substance for the purpose of trafficking

R. v. Higgins

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposedTwo years less a day in custody (concurrent on both counts), less 105 days' credit, then 12 months probation1
1 day less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked2 years in custody
Judge imposed2 years less a day in custody
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Shaugn Michael Higgins was convicted after trial of two counts of possession of methamphetamine and fentanyl for the purpose of street-level trafficking in Vernon. The Crown sought two years in custody; the defence's proposed conditional sentence was no longer feasible after he breached his release. Justice Hardwick imposed two years less a day in custody, less 105 days' credit, followed by 12 months of probation, citing the lethality of fentanyl and that these were his third and fourth trafficking convictions.

In the judge's words

[44] I find the following to be aggravating factors: the trafficking in fentanyl with its attendant lethality and Mr. Higgins' criminal record that I have independently addressed above. Although it is not a terribly long record compared to some files we see in this Court, the fact that this is his third and fourth conviction for possession of controlled substances for the purposes of trafficking is quite notable and is a relevant factor when placing this in the range that I have just described above.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: M. Reinhart, N. Yates
Defence: M. Lowe

Sources

  1. R. v. Higgins, 2026 BCSC 1002 Court decision, CanLII, February 18, 2026[8] The Crown submits in this case that I should impose a custodial sentence of two years prior to accounting for Mr. Higgins' credit for pre‑trial detention.[1] THE COURT: Shaugn Michael Higgins was charged on a two-count indictment for possession of controlled substances for the purposes of trafficking.[44] I find the following to be aggravating factors: the trafficking in fentanyl with its attendant lethality and Mr. Higgins' criminal record that I have independently addressed above. Although it is not a terribly long record compared to some files we see in this Court, the fact that this is his third and fourth conviction for possession of controlled substances for the purposes of trafficking is quite notable and is a relevant factor when placing this in the range that I have just described above.[45] In conclusion, balancing the relevant sentencing principles and subject to credit for pre‑trial/presentencing detention, I find that a custodial sentence of two years less a day, so 729 days, is appropriate. With 105 days of credit, that leaves Mr. Higgins with 624 days left to serve. … [46] I also think it is appropriate that there be a 12‑month probation order.
  2. R. v. Higgins, 2026 BCSC 1002 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.